Regardless of opinions on the matter, the law in Michigan states that substance abuse issues are not enough, in and of themselves, to disqualify a parent from retaining the rights to their children. It generally takes a showing of substance abuse and demonstrable consequences stemming from the problem in order to bring up questions of terminating parental rights.
Parental Rights During a Divorce
As with any case where parental fitness is at issue, a Michigan court will determine the child’s future based on the consideration of a list of factors intended to pinpoint the best interests of the child. Parental fitness is only one of those factors, though it is an important one. If someone has a substance abuse issue but is seeking help with it, or if someone is mentally ill and in treatment, that is different in many respects from someone who denies the issue altogether.
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